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Americas Newsroom

News/Business. Bill Hemmer, Martha MacCallum. News coverage and discussion. New.

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Casey Anthony 35, Heather 15, Florida 15, Orlando 15, Ms. Anthony 14, America 13, Us 7, Phil Keating 7, Casey 7, U.s. 6, Caylee Marie Anthony 6, Mr. Baez 6, Mr. Mason 6, Hammill 6, Phil 5, Mellich 5, Perry 4, Phoenix 3, Cindy Anthony 3, Napolitano 3,
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  FOX News    Americas Newsroom    News/Business. Bill Hemmer, Martha  
   MacCallum. News coverage and discussion. New.  

    July 7, 2011
    9:00 - 11:00am EDT  

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days. we have a terrific panel to take us through this matter, from orlando, phil keating is live and from new york, judge andrew napoll tea -- napolitano and joe jackson. if she is released, what do you understand if anything about where she goes? >> >> reporter: i'm outside of the courthouse, a budge of demonstrators are out there, you've got cops on horseback and crowd control issues inside and long-haired casey anthony, possibly hasn't cut her hair for the past two years, ten minutes. every mile within this courthouse, since october 14, 2008, the big question, she's got smiles from ear to ear owl morning
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in -- all morning in that courtroom, is today the day she walks free if in fact belvin p.y does make that her sentence, considering time served and perhaps not stack the four years back to back but have them consecutively serve. she could walk free. that would not happen at the courthouse, she would be taken to the orange county jail, most likely driven to an undisclosed private, secret location to then be released into the public to avoid any potential conflict with any unruly crowds outside of the jail. when inmates are housed at the orange county jail they're allowed to cut the women, each other's hair with little fingernail clippers, casey anthony has been in protective custody the entire time so she doesn't have contact person to person with any other inmates and i presume she's not cut her hair one time but today, her hair is all the way down, she is smiling
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large, actively talking with her attorney, her mother, father, george and cindy, they are in the courtroom, her brother lee has not been spotted here, the parents have last spoken to her, according to their attorney, back in 2008, the judge, though, he has been very quick to hand out very content of court penalty, not only jail time but hefty fines, so if he sticks true to his law and order type judge, he could still leave two years left to serve for casey anthony, 25 years old, right now, acquitted of killing her daughter. bill: we understand from the jail supervisor there in orange county that the parents have not requested to see their daughter over the past two days and i guess that would not be surprising based on the reaction they had to the verdict and walked out before court was adjourned. to judge napolitano, you sit on the bench, what are the
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options? >> a sentencing for a crime of this nature, bill, and heather, which is actually a misdemeanor because the maximum penalty is one year or less, is rather a mechanical function. the judge actually has a chart who was harmed by this, how egregious was the lie, was the lie thought out, plotted and planned. on the other hand, how much time has she served, has she suffered enough. so sentencing somebody for a crime of this nature is something judges do every day. question, can he take into account the fact that she probably had something to do with the death of her baby, but there wasn't enough evidence to convict her, answer, no. question, can he make this sentence heavier because he thinks she should have been convicted, answer, no. question, does he just sentence her for this crime as if it had not been involved with the death of the child, answer, yes, because she's been acquitted of having anything to do with the death of her child. i think he will probably sentence her to time served.
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it doesn't mean she leaves jail immediately. the process of getting out of jail actually takes a couple of hours and there may actually be some detainers, that is, some order, some other judges who hold her for other lesser matters. i think there was a check issue, issuing false checks that came up during the trial. so we may not see this confrontation outside the courthouse that phil told us the police are anticipating. bill: one thing we do understand and joey, as a defense attorney, jose baez, her attorney, is going to argue for her immediate release, which would mean today or at some point today, so we'll hear from jose baez. i see the judge sitting on the bench, and joe, i'd love to get your reaction to that but i want to drop in the courtroom and see how the judge begins this proceeding, live in orlando as the american saga continues. >> madam clerk, you may call the case. >> case number 2008, cf
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cf156o6, state of florida against casey marie anthony. >> o. let the record reflect that the defendant is present, along with counsel for the defendant, the state attorney. both sides ready to proceed? >> yes, sir. >> yes, your honor. >> mr. mason, before we proceed, mr. baez, you had asked me to reserve ruling on your motion for mistrial. >> we withdraw that, your honor. >> okay. that takes care of that. the defendant, casey anthony, is before the court, for sentencing on counts four, five and six, providing false information to a law enforcement officer. mr. baez, do you know of any
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legal cause why we should not proceed the sentencing at this time? >> four, five, six and seven. >> and seven. >> and the only legal cause that we have would be the previously filed motions that are not evidence, no legal cause why you can't proceed to sentencing with the subject. >> would the state care at this time to present any matters relative to ag gages -- aggravation? >> not on that issue no,. >> does the state care to present any issues at this time concerning any other matter? >> your honor, yesterday, i filed a motion for special cost of prosecution and enter certain jurisdiction. the only reason i would bring this up prior to the actual sentencing has to do
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with the jurisdiction of the court, once sentence is imposed, if defense counsel attends to appeal the misdemeanor conviction, then this court would not be able to entertain a later hearing until that matter is resolved as it relates to cost of investigation. if, in fact, that is their intent, what we would ask is that the court bifurcate the sentencing hearings, proceeding to the matters of punishment first, the issue of cost of investigation is not intended to be punitive, and i believe can be handled at a later point in time in a bifurcated type of proceeding that would not divest the court of immediate jurisdiction to handle this matter so that this can be closed as quickly as possible. that is the only thing i wanted to bring up at this
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time. >> mr. baez? mr. mason? >> [inaudible] >> i do not object to the bifurcation process, any invoices, accounting errors, it will be reviewed, she has 60 days and i have no problem with that. >> okay. the court will retain jurisdiction to deal with the issue of cost of prosecution and other costs, i guess, pursuant to chapter 938. that's the statute that you are seeking those costs under? >> it is, your honor. >> okay. mr. mason, mitigation?
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you may proceed, sir. >> [inaudible] >> go ahead. >> [inaudible] may it please the court. >> good morning. your honor, before sentencing we respectfully request the court address, the violation of double jeopardy at issue with respect to counts five, six and seven, because all four statements in the indictment arose during the july 16 interview between detective mellich and ms. anthony, all four counts of providing false information to a law enforcement officer were one continuous criminal act with a single intent, as such each false statement separately charged violates double jeopardy and must be
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reduced to one conviction based on one occurrence and course of conduct. in hammill versus state, 934, 634, a florida second dca case from 2006 the defendant was convicted of 15 counts of using a computer to seduce a child, at issue was whether counts five and six among other things arose from a single criminal episode, in hammill the court articulated the test to determine whether offenses arise from a single criminal episode. in that test, the court articulated that -- >> ms. fry, let me stop you for a second. >> yes, your honor. >> i don't seem to have anything of what you said you provided the court. >> i apologize, your honor. i gave that to the clerk and i should have instructed that you needed to have that. >> okay. okay, go ahead. >> thank you your honor.
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this test requires the court to look to whether there was a separation of time, place or circumstances between the crime, because that sets objective criteria utilized to determine whether there are distinct and criminal acts or one continuous act with a single criminal intent. the court went on to say that the aspects of the crime, looking at that criteria, is court cannot attain whether the defendant had time to pause between a new, criminal intent between the occurrences. your honor, in finding that counts five and six in the hammill case were a violation of double jeopardy the court pointed to the fact that there was no temporal break in the conversation or circumstances to warrant separate charges, with the conversation in question spanned several hours. similarly the false statements ms. anthony made to detective jerry mellich occurred during the course of a single interview on
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july 16th, 2008, the interview was one continuous conversation and similarly there were no temporal breaks or other objective criteria that would suggest the defendant had time to pause and form a new criminal intent as required to not run afoul of double jeopardy. we've also provided the court with two other cases, the hosbit case that is 51,172nd 401 and that was out of the fifth dca, that's a 1987 case, and we also provided the court with burke v. state, that's a 1985 case. it's our assessment that the hammill case is similar in that it touches on the item pourual aspects present in this case as well, however, the hosbit decision, the double jeopardy was invoked when the defendant was convicted of five incidences of leaving one scene because
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there were five people in particular who were left at the scene of an accident, burke on the other hand is a case that is invoked in double jeopardy where there were three convictions of a defendant on the action of three incidents and these were charged separately, but because they were found to be one act double jeopardy was violated in this case. your had nor -- honor, in order to avoid a legal sentence we respectfully request that the court sentence ms. anthony only for one occurrence, one count of providing false information to a law enforcement officer, further, we reassert that there is an issue of materiality in these charges and should be read into the statute as legislative intent. thank you very much. >> just a second. >> yes, sir. >> let's look at count four. >> yes, your honor. >> of providing false information to a law
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enforcement officer. >> yes, sir. >> specifically, what is alleged in count four? >> count four alleges specifically that on the 16th day of july, 2008, that in violation of the statute 837. o55 there was a knowing and willful violation, giving false information to jerry mellich, a law enforcement officer, so that specific allegation was that casey marie anthony suggested she was employed at universal studios, however, it arose during the july 16th, 2008 interview, as did every other charge, your honor. >> as a result of her telling the police that she was employed at universal studios, did the police have to take any resulting action with their investigation? >> they certainly did, your
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honor, however, if we were to charge her, we have to charge her for the crime, and the crime here arose out of all four -- all four incidences were a part of the same continuous act, even though there were several false statements. >> count five alleges she violated that statute by doing what? >> that during that same interview on the 16th of july, that ms. anthony identified the person as anita fernando gonzalez and suggested to detective mellich that she left her child with this woman. >> and did that require a separate and distinct act on behalf of law enforcement to investigate? >> it did, your honor, however, i would assert that the reaction based on the violation isn't how we measure. how we measure if there was one instance, one particular criminal act, that wasn't
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broken up item orually, you look not at the resulting conduct of the police department. what we look at is the conduct of ms. anthony and the item pourual aspects -- temporal aspects of her statement as required under this hammill decision. and count #? >> during the interview with detective mellich, july 16, 2008, the allegation and the conviction is based on ms. anthony informing detective mellich that she identified a jeffrey michael hopkins and juie lewis, that she told them of the disappearance of her child, however, we reassert that there's a materiality issue related to this particular charge and again assert this is out of the same instance of conduct.
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>> and count seven, your honor, this is the same interview we've been discussing to detective mellich, and this allegation is based on ms. anthony asserting that she received a phone call from caylee marie anthony. >> just a second. since you just provided these cases to me. >> yes, sir. let me read them right quick to see if i have any additional questions before i hear from the state of florida. bill: so as we await the judge and the state to approach the bench, what the denies appears to be arguing is that all the lies were committed during the same conversation, but what the judge appears to be going for is what was the result
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of those lies. did they send sheriff's deputies and local police on a wild goose chase, and if so, what did that cost the county. judge andrew napolitano is listening, too, do i have it right? >> you do, bill. the opinions that judge perry is reading now are opinions of florida appellate courts which have held according to the way those opinions have been described by defense counsel, that if a series of lies is told in one continuous conversation, that the lies should be treated as if they were one lie, for the purposes of sentencing. that would mean, of course, that she's already served well in excess of the maximum sentence for one lie, because it's basically one year per lie. the judge seems a little bit hesitant to accept that argument, but since the written document called a brief outlining defense counsel's position didn't make its way to the judge until a few moments ago, these things happen in the courthouse, the judge --
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papers don't get to the judge's chambers on time, he's actually reading now what the defense lawyer submitted to him yesterday, which is their written explanation of why she should only be sentenced to one year and released immediately. bill: one would make the argument, you would expect from the state, that even though those lies may have occurred over a span of 15-20 minute it is could have been weeks or months after that before those lies were chased down. >> sure. you can expect to hear that argument soon. bill: here's the judge. >> -- did not have time to pause, reflect, in forming new criminal intent for each one of those four separate contacts. >> yes, your honor. as the test has articulated under the hammill decision, there has to be some separation of time, place or circumstances, and this
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situation that we're dealing with today, there was one single interview. it can't be said there was a break in time, place or circumstance, which is required to not invoke double jeopardy. thank you ms. fryer. >> thank you your honor. response from the state of florida. >> i request this motion this morning this evening, however, under their case law, as well as from the florida supreme court, specifically valdez, which i did not bring copies of, unfortunately, found at three southern, 106 #, florida supreme court case from 2009. >> 37 -- >> second. i'm sorry. thirty-seven, third, correct, 1067, florida supreme court, 2009, anderson at 697, southern second, 309, florida supreme court, case from 1997.
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these are not single acts, it is different conduct, it is our position that there is a temporal break between each of the lies and there are several, not just the ones charged, but that these lies occurred over the course of three separate statements. the fact that they all occurred on july 16th of 2008 should be of no consequence, the court through the course of pretrial hearings, as well as the trial, knows that ms. anthony gave statements at approximately 1:00 a.m., 4:00 a.m., and then 1:00 p.m. on july 16th of 2008, each of the lies are material to the issues that were investigated by the sheriff's office as a result of the lies, each were intended to mislead law enforcement and suspend them as ms. anthony herself at
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the end of the final statement -- and to send them as ms. anthony indicated in her statement on a wild goose chase. there are not variants of the same kind and are not a single criminal act. most of the time, we're not dealing with multiple punishments for a single act, but we are dealing with our whether or not a single act can be broken up into episodes. we typically see this in sexual battery cases where there are multiple sex acts performed on a single victim at the same time, and the issue is whether or not there is a break between the various types of penetrations in those cases sufficient to convict for separate acts and, indeed, the case law suggests that there is a sufficient break where an individual does have the time to pause and reflect, as the court has
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already inquired. given the fact that there were multiple statements over the course of 12 hours, it is the position of the state of florida that these separate acts, as separately alleged, do not violate double jeopardy. >> well, it was the third edition what page? >> [inaudible] >> 67? >> 67. i do have a copy. this is a situation where an individual was charged with two different counts for one act of shooting. would the court like my copy ? >> so there are four counts
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in question here in dealing with lies to detectives,
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when casey told a detective she worked at universal studios, that was back in 2008, count number five, casey lied to the detective when she told that detective , uri mellich when whe left the baby with zany the nanny, count number six, that she lied to that detective when she revealed she told universal studio employees of the disappearance of her child, and count seven is that casey lied to that detective when she told them she received a phone call from caylee anthony on july 15th, 2008. now, the state is arguing that all these conversations , where the lies took place in three separate occasions, one at 1:00, 4:00 in the morning, one at 1:00 p.m. in the afternoon, from those lies it sent various people on a wild goose chase.
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phil keating is live there at the courthouse. what's the feeling? >> reporter: absolutely an unusual situation, being here outside the orange county courthouse. take a look behind me, this is orange avenue, a major north-south boulevard here in orlando, southbound one way, it's closed off traffic right now, cops had to blockade it, but you also see horses, i count five horses from the orange county sheriff's department, they're on standby for crowd control and that's a very effective way to quickly reign in, no pun intended, an unruly crowd. spectators are gathered around, apparently listening on a speaker so they can hear the live courtroom action, and once this sentence is imposed by judge perry, you'll certainly see it and hear it down there below on the street. bill: phil, thank you for that. judge napolitano, how strong is the state's argument about this wild goose chase? where would that chase lead? >> i actually think that the
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wild goose chase argument hurts the state because the wild goose chase argument, if it were true, would elevate lying to the crime of obstruction of justice or behinderring a prosecution. she wasn't charged with that, and she wasn't convicted of that. and the reason the state didn't charge her with that is because the state itself did not perceive this as a wild goose chase at the time t. perceived this as an ordinary sort of martha stewart, if you will, garden variety lie. but the issue here was was it four separate lies triggering four separate crimes and four separate one-year sentences or was it one continuous lie, restated in the course of a four or five hour conversation? >> bill: judge, thank you for that, joey jackson, defense attorneys they're using the argument that all the lies were made in the same conversation, therefore, in essence, it's less harmful. i'll get to you react to that.
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>> [inaudible] >> no, your honor. the court will make the following finding concerning the defense motion to bar imposition of service on these four distinct counts as violating double jeopardy count four of the indictment alleges providing false information to a law enforcement officer basically dealt with the following conduct. it is alleged that the
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defendant was employed at universal studios during the year 2008. this information was given pursuant to an investigation for a missing persons report that information caused law enforcement in following up on that statement to go to universal studios to expend law enforcement resources to determine that, in fact, ms. anthony did not, in fact, work at universal studios. count five, ms. anthony informed the authorities that she had left her child, caylee marie anthony, at the
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sawgrass apartments with a babysitter which caused law enforcement again as a result of a missing persons report to develop and follow various leads, trying to locate this babysitter, commonly known as zany. count six, again, dealt with the fact that she had informed two, quote, employees of universal studios, jeff hopkins and juliet lewis of the disappearance of caylee marie anthony. ms. anthony, in count seven
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indicated to law enforcement that she had received a call and spoke to caylee marie anthony on july 15th, 2008, at approximately 12:00 p.m. thus causing law enforcement to devote extensive resources. as a result of those four separate and distinct lies, law enforcement expended a great deal of time, energy and manpower looking for young caylee marie anthony. this search for her went on
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from july through december over several months trying to find caylee marie anthony , four distinct separate lies. just as the jury spoke loud and clear on counts one, two, and three by their verdict, they also spoke loud and clear as to the remaining counts four, five, six, and seven there being no legal cause shown why this court should not impose a sentence and the court has been previously found you to
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be guilty of the crimes contained in counts four, five, six and seven, i will sentence you to one year in the orange county jail, imposing a $1000 fine on each count, all four counts, to run consecutive to each other, giving you credit for the time that you have previously served. mr. baez, mr. mason, we are going to spend some time this morning figuring out her credit for time served. and it's going to take us probably about an hour to sort of sort it out because of the previous sentences
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that she has been given. but with good time and gained time, depending upon preliminary figures, sometime early august, maybe late july, but i can't say that until after i first determine time served and then the jail has to apply according to their figures their good time and gained time that she has gained in this. so if you want to wait around, or we can communicate that with you, and if you have a different
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figure, then we can get that taken care of. i will reserve jurisdiction for 60 days to determine the cost of prosecution and investigation. >> whenever you're ready. >> i have a minimum of 30 so any time after that would be acceptable. >> mr. mason. >> i'm going to have some time, so we can check the validity of those, and potentially -- it would be
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at least 30 days, i would assume. this is assuming on the 29th day, it's not any good. >> [inaudible] >> that should give mr. mason ample time to review the validity of the affidavit of the sheriff's office. >> [inaudible] >> i'm trying to give you a date now. the week of august 15th, i will not be around. the week of the 22nd, i'm involved in an evidentiary hearing on the 3851 case that's supposed to last
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three days. i have some time on the 25th, and the 26th depending upon how long you need, i can fit you in on the week of the 29th, but i would have to fit you in because i unfortunately am going to have to take over judge adams since he's leaving at the end of the month. >> i have, again, the week of august 1st, but i have to
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fit you in. will that work? the week of august 9th, with the same proviso, that friday. >> any of those options are acceptable. you can have the 25th or the 26th, that should give you more than enough time to give you that information, get it to mr. mason, mr. baez, and have them digest the information, so you want to do it thursday or friday, the 25th or the 26th, friday being the 26th. >> thursday is fine, if that's acceptable to counsel
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and i don't know what george anthony -- i don't know if they will want to make an appearance at that or have her present. >> the 25th, according to the preliminary calculations, without going over, doublechecking some things, she won't be there. >> that's why i didn't know if you wanted to address whether or not the court would require her attendance >> it's entirely left up to her an her counsel. as far as i'm concerned, she can waiver her appearance or she can come. that's left up -- >> it is our attention to waive her appearance for the proceedings. >> okay. i would also impose the statutory court costs.
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ms. anthony, you have a right to appeal the judge's sentence that i rendered in your case today, provided you file a notice of appeal within 30 days of the day's date with the clerk of the court. if you cannot afford the services of an attorney to assist you with this appeal the court will appoint one to represent you. bearing those rights in mind and after consulting with your attorney, do you wish to appeal? if we can have a moment. bill: casey anthony's comeenor has changed over the last 40 minutes when we first saw her in court, when the judge first came to the bench she was almost giddy in conversations with lawyers and that demeanor has changed, jose baez, his decision on appeal. >> you have 30 days from today's date to file a notice of appeal or you forfeit or give up your right to appeal. does she have the financial
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wherewithal mr. baez if she decides to appeal to pay for appellate counsel? no, your honor, but we would -- >> if she decides to do that, then please make sure that she fills out an affidavit of insolvency with the clerk of the court to timely bring that matter so counsel can be appointed. >> as you know, if she does not file a timely notice of appeal, and she forfeits or gives up her right to appeal, if she decides to appeal and she wants to appoint counsel, but it will be your responsibility to file the necessary appellate paperwork that a the notice of appeal, statement of
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judiciary acts to be reviewed, and designation to the court reporter. it would be your responsibility before you are relieved of your responsibilities as far as this case to have those documents filed. are there any other matters on behalf of the state of florida? >> nothing from the state your honor, thank you. >> or any other matters on behalf of the defense? >> no. >> okay. the court will be in recess. bill: casey anthony is not going home today. that's the headline from the orange county courtroom, where judge belvin perry from moments ago. he rejected the argument on behalf of the defense that the lies that casey anthony told were all part of one conversation. the judge ruling these were four distinct and separate lie
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lies that sent investigators on a wild goose chase, to borrow the phrase used by the prosecution, between july and december, searching for young caylee anthony, a search that ended in a grove about a half mile from her home, the remains of her two-year-old daughter found inside of a garbage bag. she has served 997 days, going back to october 2008. the judge today sentencing her to one year in jail and $1000 fine. now we will do the math in about a month's time, when they come back to court to figure out if 997 days is sufficient for that courtroom. the judge, andrew napoll tan i, do we have the math right, could she walk free in a month or is this a woman who will be behind bars for a year? >> i think she will probably walk free in about a month, bill, and it may actually happen before the lawyers reconvene in judge perry's courtroom, because essentially this is not only mathematical function which can be calculated by the sheriff who has custody over her, and that function would
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include a number of issues. how long has she actually been in jail. remember, she was arrested, she was set free, she was rearrested. so they have to make sure that all the days and hours in the jail are accurate, that both sides agree with them. what is the credit that she's entitled to for time served, what is the credit she's entitled to for good behavior, what is the credit she's entitled to under florida statute which automatically grants you a day off for certain days already served. once they calculate that, the sheriff himself can release her before judge p.y even sits down to review these numbers with the lawyers if she's reached that number of days. bill: but to be clear on this, judge, she could be in jail for another year. >> i think it's unlikely that she'd be in jail for that long. the longest she could possibly serve would be four years, without any credit for good behavior, without any credit for time served, and without any of the statutory credit.
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so it's almost a given it will be something less than four years. bill: is there a tendency in this court, in this county, for time served and what it rewards you as a prisoner? >> it's not a tendency, bill. it's a requirement. first of all, the jails want people out of jail, because they need the space. and secondly, the statute requires them to impose credit for time served for good behavior and for other factors in the statute. in fact, as i heard judge perry, he said she might not even be here by the time we calculate these numbers, because she might be released. bill: judge, thank you. going to go to heather for more on this now as we watch the courtroom file out, and we'll also go back live to phil keating outside to see if there's any activity there, but we know they were gathering throughout the morning. heather: let's bring in criminal defense attorney joey jackson who's been standing by for us covering this at length. joey, what's your reaction as to what just happened there in the sentence dag? >> you know, ultimately, heather, there are really no
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victories here because you have little girl that's dead. but you know, it was a very anticlimatic day, i would also say, because generally at sentencing she could have faced so much more than this and the fact is she knew going in that even if the judge gave her the worst case scenario which he did and i think we all expected, which was the consecutive time, and that is to stack one on top of the other and the other, there are four separate counts, the judge did what conventional wisdom would suggest he would do, which is to find that each lie was a separate occurrence. the defense rightfully made the argument as they had to and which was a very good argument that listen, this was the same course of conduct, it emanated from the same intention, and as a result of that, you cannot look at it independently, you have to evaluate it as a whole. that would have gotten her for sure released today, because in fact they would have owed her time, heather. why? because in that instance it would have been the max she could do would be a year. the judge ultimately did what we defense attorneys want them to do, which is to
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evaluate any case law that we hand to them, the judge did that, we have to believe it's not the first time he was looking at these cases, he was doublechecking things in his mind and ultimately he said no, they are separate occurrences. heather: it definitely sounded like from the beginning that the judge had that in mine as he was going through these individual counts. we're going to go back to bill who is dpos to toss it to phil keating. bill: the states argued about this wild goose chase and the judge bought the argument, because casey anthony is not leaving court today. back to phil keating outside that courtroom. they'll reconvene in a month's time, that's what the lawyers decided on, 30 days from now. >> reporter: 30 days from now. bill: and casey anthony will go home when, can we guess? >> we're guessing february of next year. february of next year. bill: and why is that, phil? >> >> reporter: she just got four years, to be served consecutively, one after the other, for those four counts of lying to investigators.
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she's been locked up since october 14th, 2008. so that's october 14th, 2012 is your four-year mark, minus seven months for good behavior, that brings her to february of 2012. that's my math on this. but i think seven more months behind bars is what casey anthony is definitely look at. but considering three days ago or two days ago, she could have been on the way to death row -- >> bill: certainly could have, yes. >> >> reporter: this is certainly an incredibly good outcome for her. bill: she is also -- >> >> reporter: the judge mentioned august or july of next year, but he was not factoring in the good behavior deduction. that's why i'm thinking february. bill: phil, you were talking earlier about the cost potentially to the convicted. >> reporter: hundreds and hundreds of thousands of dollars. hundreds and hundreds. bill: what does that -- >> >> reporter: the state attorney's office was compiling those figures last night.
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so all of the work for the prosecution of this case, that means thousands of dollars for lab tests, experts, the prosecutor spent perhaps even more money than the sheriff's department did, just in the six months searching for little missing caylee anthony. so those can all be assigned to be reimbursed by casey anthony. that was all tax dollars that was spent on her now admitted tag of lies about zany the nanny, juliet lewis and jeff hopkins, about working at universal, and about the fact caylee marie was missing when she was lying to urie mellich. all of that costs a lot of money and ecqui search wants to sue her for the one 4u7b grand they spent. -- 100 grand they spent. bill pill that company has tried to help in missing persons cases like this one. while you were talking, we were seeing protests from supporters, we're not sure
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what side they're on, but we'll get a tap on this in a moment. this was much like the scene tuesday afternoon when the verdict was not guilty to the most serious charges. back to orlando throughout the morning. heather: groups definitely divided and very emotional about how they feel about this outcome. bill: that's a fact. you look at our poll, we had 250,000 people vote online in less than 24 hours, casey anthony, breaking news this hour, she's not going home today, one of the many stories we're watching in "america's newsroom". also in a moment, just about an hour away from a critical debt meeting at the white house, can the president and republican leaders find common ground, will we see a deal? we'll tell you what a leading house republican has just said, moments ago, about that, heather. heather: this is pretty crazy right here, the man scaling the u.s. border fence, making it across the border, how in the world did this happen? we'll find out, what border patrol agents are saying. bill: a major u.s. city completely covered in dust. find out where this happened and what came as a result, moments away. >> i've never seen one quite
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like we had last night. and it's a mess.he netrk. >> the doors --
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heather: you're looking now live at pictures outside the courthouse there in orlando. these protestors, standing by, obviously, the outcome of this trial has been very heated, since two days ago, casey anthony, acquitted of first degree murder, today, the sentencing coming down to be served consecutively, one year, four counts. she could conceivably get out of jail in just a matter of seven months. we'll find out, about 30 days from now, when court reconvenes on that point there in orlando. we're now going to go live to geraldo rivera, who is standing by with very latest on the reaction there. obviously, very emotional,
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geraldo. >> it is, heather, and there's nothing the court could have done today that would in any way mitigate the harsh feelings people have toward casey anthony, the former accused killer of her own child. obviously, people were looking for something much more severe, they were looking for some kind of homicide conviction. many thought the state overcharged, but certainly almost every courtroom observer not only here in orlando but across the planet figured that she'd be doing some kind of time, some kind of -- have some kind of responsibility for the death of caylee marie. that was not the case. so today, the judge did what he could, he ruled that the lies she told were four separate lies, imposed the maximum, a year on each, but when you do the math it really does come out to four years from october 2008, my
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colleague phil keating had that exactly right, so that's october 2012 minus the 15 percent for good time, so that brings it back into the late winter, very early spring of next year. obviously, we'll know more, heather, 30 days from now, but it certainly appears, and i think it's a very good thing for all parties concerned, that she will not be getting out of jail until perhaps tempers cool, passions are in some way alleviated, you know, the harsh public spotlight leaves this 25-year-old obviously troubled young lady and allows her then to continue her life, heather. heather: thank you very much, geraldo. we appreciate it. we appreciated your insight throughout this entire trial, thank you. bill: there's been enormous speculation as to where casey anthony goes, when she fine -- when she is finally released from jail and at what point that happens. will she go home? highly unlikely based on her parent's reaction, they have not contacted her in the last 2 1/2 days understandably based on the
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reaction they gave when the verdict of not guilty was read two days ago, back in a moment, live from orlando, right after this. the new droid inedible 2.
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♪ yeah, yeah, yeah, whoo! ♪ bill: it is 10 o'clock in orlando, florida and casey anthony is not leaving prison, moments ago the judge handing down one year in jail for each count of lying, and the law en -- to law enforcement officers and here's how it sounded a few moments ago. >> i will sentence you to one year in the orange county jail, imposing a $1,000 fine on each count. all four counts to run consecutive to each other. giving you credit for the time that you have previously served.
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bill: served 997 days and it is not over yet for casey anthony, we are watching the aerial shots from the the helicopter, i'm bill hemmer, welcome back to our continuing coverage on "america's newsroom," nice to see you, heather, martha is working a bit later today. heather: i'm filling in for martha, and big day, the sentence thing not really entirely unexpected. bill: in many ways you are exactly right, casey anthony came into court this morning, around an hour and 15 minutes ago and came into the court with an appearance we have not seen in sometime, her hair is very long and it was down, not pulled up as we have seen many times in the past and what you are looking at here is a group of people, protesters, and supporters of casey anthony, who have gathered outside the courthouse, they have been largely quiet for the most part. but, during the commercial break, moments ago, put a microphone in their face and they'll sound off and do that in a fury. and also, the helicopter shot,
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too, that you will see in a moment, the shot, where members of the police force down there on horseback, frankly, that shot looks rather calm, and, that is good to see. heather: that is part of the reason and one of the things that did have to be taken into consideration, i mean, where does casey anthony go at this point? if she's let out and when she's let out, perhaps 7 months from now, where will she be able to go? bill: it is this jail supervisor's responsibility, and it's the judge's responsibility, to some extent as well, as to be sure that she is okay. heather: and who pays for that. >> once she's released. we don't have to worry about that now, she's not going anywhere. the attorneys agreed to come back in 30 days' time to argue at what point does she get out of jail, based on time served and based hope to judge's decision, that came today. he talked about four to six separate lies and is making casey anthony pay for just that. heather: let's talk to another judge, now, and his perspective on all of this, joining us now,
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live from the orlando courthouse is judge alex ferrare, the host of "judge alex", a former circuit court judge in florida. what is your take on what happened today, with the sentencing? did the judge do the right thing? sn>> i think so. i said he could have gone either way, to give her concurrent or consecutive and i see his argument for consecutive, her lies resulted in millions of dollars of wasted energy by police and not this mention the thousands of civilians to came to help search for caylee and, stacking it to four years was appropriate and as far as when she'll get out, everybody is distressing over that. it is a difficult calculation, the justice didn't try to do that from the bench, you have to calculate all kinds of factors but i'll sum it up for you. basically, he sentenced her to four years and she has been in shy of three and all credit for time served which i thought him
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say, he is not separating out the check fraud, credit for time served and gets credit for every day she spent in, 13 months, 35 months, he gave her 48, and she has been in 35, at this point, i believe and that leaves 13 months, which would carry until next summer. july, august, which i think is what he announced, summer around july or august and, you have to calculate with the lawyers, though, from that, you have to deduct the time inmates get, five days a month for good behavior and that will bring it down, about 7 months. so, if i'm call calculating correctly and admittedly, i don't want to pin myself to this, it could be as early as december. and, if gain time is not an issue it will be between december and next summer. heather: 13 months minus 7 months. >> approximately, she has been in 35 months, and i'm trying to
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calculate, the gain time she'd get from now until she gets out, in addition to the gain time she'd get for the time she has already spent in. and if i -- add that up right in my head and i went to law school because i wasn't good at math, i think maybe december. heather: there was hesitation there, on the part of jose baez when they talked about how they can appeal the judgement and the sentence and have 30 days to do that. do you think that that is even a possibility, something that he is thinking about, at this point? he did kind of, you know, pause when he was asked that question. >> i think the pause was about who will handle the appeal, will i let her go to the hands of a public defender? almost every criminal case there is an automatic appeal and i should say, every criminal case, there is an automatic appeal and it is ineffective assistance of counsel not to file it within 30 days. it was not a plea situation where you waive your appeal and i think we'll get an appeal on the case but it will probably be
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moot. because by the time it works through the appellate court she may be out. that would be the other thing they are considering. heather: thank you so much, we appreciate it. we'll check back with you, i'm sure. bill: we have not seen nor have we heard george or cindy can and the, in the past two-and-a-half days. the orlando sentinel newspaper which had terrific coverage on the trial from the beginning, going back to july of 2008 when the disappearance was first reported, the sentinel is reporting george and cindy anthony are seeking big money in their words, for an interview with a major news organization. that could be the reason why they have not spoken yet. perhaps they are in negotiation, and, perhaps are looking for a pay day before they sell their story. regardless, their reaction upon leaving court on tuesday afternoon, left everyone stunned. in the meantime, you are watching right now, a large gathering outside of the courthouse. and, you can imagine, there is a pretty significant sampling of
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opinions based on the trial now. moments ago here's what some of them said. listen for a minute. >> they should have just thrown away the key for her. what i think. >> what do you think about one year for each count. >> it is better than -- there is injustice there but at least she will not get to pop the champagne cork and separate with baez and her defense attorney. >> i believe all of these people, here, would kill casey if they had a chance. look at how they are talking. my point is that when i saw that she wasn't guilty i felt very, very... i cried. because, i saw, that she felt free and all of these people right here, would kill casey. they don't have a heart. >> this is caylee's time. >> caylee! caylee! caylee!
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bill: outside the courthouse, so not guilty on first degree murder and not guilty, aggravated child abuse, not guilty of aggravated manslaughter and, guilty, on four counts of lying to police. the sheriff's office, down in orange county, now considers the case of caylee anthony, closed. heather: which is crazy. because so many people, you saw the emotional response there, the one woman holding the sign, the sign over her shoulder that said beautiful life for who? referencing the tattoo of course, casey got in the days and weeks following the dis appearance of her daughter. good question. they said that they cried after the verdict, and, we're now hearing from one of the jurors in the casey anthony murder trial, juror number 3, jennifer ford and she says the jurors were sick to their stomachs after coming back with the not guilty verdict. but, they had a reason for their decision. take a listen to this: >> there wasn't anything strong
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enough to say exactly, i don't think anyone in america could tell us exactly how she died, and if you put even just the 12 jurors in one room with a piece of paper and write down how she died, nobody knows, we'd be guessing. >> so cause of death was the problem. >> how can you punish someone for something if you don't know what they did. >> the prosecution was not able to give you a solid enough picture of how -- >> do you have that picture? i have no idea. they didn't paint a picture for me to consider. how did she die? if you charge with someone with murder, don't you know how they why, where, when, why, how in those are important questions. they were not answered. >> she did not report the death or disappearance of her daughter, and, she parties. >> right. >> and people say, that -- >> it looks bad, her behavior is bad, but bad behavior is not enough to prove a crime. >> why were you crying after you handed down a not guilty verdict? >> not guilty doesn't mean
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innocent. it doesn't mean innocent. heather: interesting stuff. what is next for casey? our legal panel weighs in on that in moments. and, you can follow all of the developments in the casey anthony story, you can do that on our web site, we have all the trial coverage on foxnews.com and you can get all the latest reaction on the verdict, from defense, the prosecutors and the public. bill: expect more jurors to talk, very soon, whether or not they are getting paid or not. she says she was not paid for that interview. on abc, juror number 3, and she's 32 years old, a nursing student, you can expect more of the jurors will go public soon. >> it will be interesting. bill: in the meantime we are awaiting the meeting at the white house, critical, too. the president getting together with leading members of congress, to talk about the $14 trillion in debt. and, whether or not they might be on the verge of a deal, soon. also, caught on camera, a man spotted climbing over a brand new section of our border fence. who took the picture and what the border patrol has to say
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about that. heather: a fox news viewer, apparently. and an unbelievable even, too much red glare, first responders under attack and fireworks were the weapon of choice. bill: and she's accused of being a terrorist, picked up on the battlefield overseas and today there is outrage as he gets the same legal rights as every american. >> this is a somalian terrorist captured overseas. and now has been read his miranda rights. why? why? why is a man who is a known terrorist, an enemy of the united states, being afforded the protections of an american citizen? hey, the new guy is loaded with protein!
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so let's get our work done, america, so we can all get back to playing "angry birds." the motorola expert from sprint. trouble hearing on the phone? visit sprintrelay.com. heather: a "fox news alert." we want to take you to live pictures outside of the orlando jail that is waiting for casey
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anthony to arrive. any moment now. presumably, she'll arrive from the courthouse, where she was sentenced, just moments ago, sentenced for lying to police authorities, after being acquitted of first degree murder charges in the death of her two-year-old, caylee anthony, just two days ago. we will take you back there, live, when and if that happens an casey anthony, waiting for her to arrive at the jail, there, at orlando. bill: not going home today and we're trying to figure out, based on our best ability to do math and the justice system in orange county, florida, when she gets out. is it december? next summer? we'll keep you posted on all of that. in the meantime, more than 40 republican senators now blasting the decision by the attorney general, eric holder that grants a suspected terrorist, a civilian trial here in the u.s., here's the senate minority leader, mitch mcconnell on that. >> the administration purposely imported a terrorist into the u.s. and is providing him all of
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the rights of a u.s. citizen, in court, and this ideological rigidity displayed by the administration is harming the national security of the united states of america. ahmed abdulkadir warsame and all future foreign enemy combatants belong in guantanamo bay. bill: the suspect was apparently questioned at sea for two months and brought to new york city before people like a senator was made aware, one of the republican senators signing the letter, and a former new hampshire attorney general and, member of the senate armed services committee. welcome to "america's newsroom." >> good morning, bill. bill: what is your issue on this, senator. >> i'm deeply concerned about this. here we have a member of two terrorist organizations, who have been picked up between yemen and somalia and brought to the united states of america and he's not a u.s. citizen, given all of our constitutional rights, and this is a prime
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example of why guantanamo bay detention facility is where this person should be brought, should be tried before a military commission, and, also, that is where hi where he should be brought to gather intelligence to protect our country. bill: do you believe it it was an end-around on behalf of the administration. >> it clearly was. i think their desire is so great to close guantanamo bay, that they are making decisions that are not in the best interests of our country or the safety and security of the american people. i'm deeply concerned about it. and, the issue is, if you had -- you had admiral mccraven testify before the armed services committee recently and he said they don't have a place to put these people, the choice are on ships, bring them to the u.s.a., or, they release them. i mean, can you imagine how many individuals we have to release, that are involved in terrorist activities. bill: would the administration -- the civilian courts typically hand down stiffer penalties, upon judgment and they also brag about a 100% conviction rate.
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does that hold water with you? >> it doesn't hold water with me. my prior life before i came to the senate is, i was a murder prosecutor, and one of the issues in civilian courts is that guantanamo bay is set up specially to protect classified information. and, that at guantanamo bay, we don't have to worry about the security or how much it costs to keep americans secure, it is set up as a top-rate detention facility en a military commission trial can be had there and we can hold terrorists accountable there. we are at war with them and that is where they should be tried. bill: why do you think the public or, perhaps, even yourself in a confidential manner was not notified? >> i think frankly, i know members of congress were told they were going to be notified and they were not. and i think that is because they didn't want us to raise okay. . you know, the other issue we have, is, i have legislation with senator lieberman to... 25%
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of those released from guantanamo bay have gotten back into the fight against us. and are committing attacks against us and our allies. why won't we use the secure facility we have there, rather than trying to keep someone on a ship, you know? there are many terrorists we could capture overseas and bring them to the united states of america and,t puts the security of people here, at stake. bill: i understand the argument you are making here. can the decision be reversed? or is it pretty much done? >> i think the administration could change their minds and decide to try him in a military commission. this is not a united -- >> how are why would they change their minds? >> well, i think they are misguided. i don't have any reason to believe that they will change their minds. but, look a happened with khalid sheikh mohammed. the american people rose up and they said, don't try the mastermind behind 9/11 in new york city and he's now going to be tried en a military commission. so i would urge the administration to take the same
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steps with this individual, who is a member of two terrorist organizations. bill: senator, thank you for your time, this letter has been signed and more names may be added. we shall see. >> i think they will. thanks, bill. bill: 20 minutes past the hour. heather? heather: casey anthony just sentenced and we are awaiting her arrival at the orange county jailhouse. you are looking at live pictures there. this is about 8 miles from the court house where anthony received her sentencing, just moments ago. sentenced on four counts of lying to authorities. one year for each, served consecutively, four years but, granted credit for time served. we'll have more as she makes her way to the jail. bill: also he was "america's most wanted" fugitive, whitey bolger, living in plain sight on the beaches in california and now families of his alleged victims are speaking out. >> it is horrible, horrific, he's hopping in jets and helicopters and, the weekends
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bill: a "fox news alert" right now, we're waiting for what might be a picture of casey anthony, going back to jail. about an 8 mile drive from the court house back to the jailhouse and that is where the judge an hour ago said she will be headed. not home or to anybody's apartment but she'll spend time behind bars, to serve out her sentence for lying to police, and, also, the check infraction matter that came up and she pled guilty to in the winter of 2010, and so all of this is factored into how long is the sentence behind bars for casey anthony. we do not have, at the moment, i firm date for that but the attorneys will come back and argue that in about 30 days and so the news of the day is this: casey anthony is not going home.
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we may see her in front of the camera in minutes... or not. stay tuned. heather: new fallout from a controversy involving the british tabloid "news of the world", an independent police commission looking into claims the paper bribed police for information, and accused of hacking the voice mails of murder victims, relatives, politicians and celebrities and, the paper is owned by the parent company of fox news, news corp. amy kellogg is live in london with more on that. hi. >> reporter: hi, heather, british prime minister david cameron called for an inquiry into phone hacking. at news of the world which is a sunday tabloid that is part of the news corporation media network, run by rupert murdoch. the news of the world has in the past admitted to hacking into the phones of celebrities and has in fact paid compensation for that, but, in this latest
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twist in the story, news of the world stands accused of hiring a detective to hack into the phone of milly dowler, who was abducted and killed in 2002 and news of the world deleted messages off of her voice mail in order to free up space on that mailbox, presumably, to tap into leads. and we have also learned that victims of the 7/7 bombings on the transportation system here, may have also been hacked. now, there are also allegations that news of the world paid police for information. news corp. chairman and ceo rupert murdoch issued a statement calling the allegations of phone hacking and payments to police, quote, deplorable and unacceptable and went on to say, quote, i have made clear that our company must fully and proactively cooperate with the police in all investigations. and, that is exactly what news international has been doing. and will continue to do, under rebecca brooks' leadership and,
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rebecca brooks is his european deputy and here's what prime minister david cameron said. >> what this government is doing is making sure the public -- and i feel so appalled by what has happened, murder victims, terrorist victims, who had their phones hacked is disgraceful. that is why it's important that there is a full police investigation, with all of the powers they need. >> reporter: now, heather, the latest from scotland yard is police have a list of 4,000 potential victims, of the phone hacking and there are fresh allegations that family members of war dead' phones have been also been hacked. back to you, heather. heather: thank you very much, amy kellogg reporting live from london. bill: a huge question in washington. is there a budget deal in the works? we're now awaiting a meeting at the white house, at the top of the hour. can washington work the impossible? and do a deal that saves america from a $14 trillion debt? heather: anything is possible! but, just because there is a
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fence doesn't mean that you can still cross the border. the picture, a civilian snapped and what border patrol has to say about this.
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heather: fox news alert, we want to take you again now to live pictures outside of
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the orlando jail where casey anthony is heading. she's not heading home, she's not heading anywhere else, she was sentenced today, just about an hour ago, to lying to authorities, four different counts, to be served consecutively, one year each, granted time served. she served about three years. but what we do know, we don't know exactly when she'll get out but we know she's headed there at some point to the orlando jail. phil keating is live outside of the courthouse and has been following this case for us since day one. phil, what is the reaction there now? is anyone still loitering outside? >> reporter: yeah, there's a crowd behind me outside of the courthouse in the main plaza area, a lot of those people really wanting justice for caylee and whether justice for kayly ever happens, that remains to be seen but for her mother, yais -- casey
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anthony, who faced the possibility of being sentenced to death row or a life's sentence for prison or 30 years in prison it looks like she will end up serving seven more months behind bars before ultimately being set free. here's how i figured this out mathematical, the four counts of lying to the investigators, judge belvin perry ordered her to serve the one-year sentence for each of the four counts, consecutively, one after the other, so that's a total of four years, she's been locked up in the orange county jail since october 14, 2008, so that would then put her at being released october 14th, 2012, minus 50 percent of good behavior, that's seven months, that gets her to february of 2012. that's my math. but for now, she definitely is not walking free, casey anthony remains in the custody of the orange county sheriff's department. >> and phil, we're talking about all these numbers right now. regardless, the thing that we do know is that that little girl is dead and we may not ever know exactly what happened to her.
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as you were speaking, we saw one of the people outside of the courthouse area, a gentleman standing there, silently, with duct tape around his mouth, so definitely an emotional moment for lots of people there outside the courthouse and around the country. thanks very much, phil. >> reporter: yes. bill: about eight -- about 8 miles from that location is the jailhouse and there's a camera parked outside that jail as well. based on my recollection we've not seen a perp walk of casey anthony during this trial phase. that would be when casey anthony would be taken by officers at the court, past the camera. but that's the camera that's positioned there and if that happens we'll bring that to you. we're waiting word on that. george and cindy anthony were in court earlier today, and we're waiting on reaction from them as well, a date that has not come. we're awaiting a big meeting at the white house this hour, the ongoing debt battle. leading house republicans saying they believe both sides can come together on a
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plan to slash spending. molly henneberg is parked on the lawn of the white house, waiting for all of them to come rolling by, aren't you molly? there are various headlines in the various websites and newspapers talking about deals being cut and social security being cut and all kinds of things out there. is the white house tipping its hand that cuts in social security are on the table for them? >> reporter: hi bill. president obama has said he wants everything on the table, including tax increases, and even he said yesterday, some, quote, modifications to social security and medicare. that's all he said publicly. gop source says social security has been on the table previously in the debt discussions but that democrats wanted that to include an increase in payroll taxes and republicans said no go to that. still, one of the republican leaders who will attend the meeting today told fox that it's encouraging that the president is open to changes to entitlement programs that are going bankrupt like social security. >> it's heartening that
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we're talking the kind of big things that could be transform -- transformational that get the debt and decifit down. sure u. we put that in our budget but our line in the sand is we're not raising taxes on families or businesses right now. >> reporter: a staffer to the top senate democrat, harry reid, said quote, we have not been kept in the loop on these discussions rasp modifications to social security but would not be a fan of any cuts to social security. bill: when it comes to tax hikes, these revenue gainers that they talked about, john boehner says he's told the president he doesn't have the votes for it in the house, it's not going to happen, eric cantor said pretty much the same thing earlier today. how firm is the gop on taxes? >> reporter: we're talking both sides. president obama has said that the vast majority of americans agree with him that lawmakers should change some of these tax breaks as part of a comprehensive approach to the debt problem, so that millionaires and billionaires can, quote, pay a little more to make sure that we can make the basic investments to grow this
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country. here's more: >> what i'm hoping to see over the next couple of weeks is people put their dogmas aside, their sacred cows aside, they come together and they say here's a sensible approach that reduces our decifit, makes sure that government is spending within its means but also continues to make investments in education and clean energy and basic research. >> sources have suggested that the gop may be open to closing some of the tax loopholes, the tax breaks, in exchange for tax rate reductions, and as you were saying, bill, a spokesman for our speaker boehner said there are, quote, no tax increases on the table. bill: thank you. we'll wait for the parade to go by you, okay? molly henneberg on the north lawn. heather: is it not enough to keep -- a fence not enough to keep people from hopping our southern border. take a look at this picture by an el paso resident while
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driving along a newly built stretch of wall, showing a man clining right over the to. that's not all. the witness says another man then climbed over with a bicycle and quickly rode off. border patrol claims the men were caught on surveillance video and captured. >> just because you don't see border patrol out along the fence line didn't mean we're not being vigilant and watching the border. we had eyes on this individual making entry, we responded accordingly and made the apprehension. heather: the u.s. spent more than $11.4 billion on customs and border protection last year and that includes $800 million on fencing, infrastructure, and technology. immigrations and customs enforcement made more than 1600 arrests of individuals engaged in cross border crime. michael brawn, former chief of operations for the drug enforcement administration joins us with more on this. michael, how did this happen? >> well, i mean, heather,
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i'm not sure exactly how it happened, but it's further evidence that an $800 million wall or a fence is subject to being breached. and the criminals that are involved in this activity are the -- they're the most ingenious, adaptive criminals that law enforcement has ever faced. there's no doubt in my mind that the border patrol had these individuals under surveillance and that they were in all probability arrested, but with that said, we need far more border patrol agents to stay up on the cueing that comes off of all of this surveillance so that they can react to episodes like this. heather: one of the things that they said is that just because you don't see a border patrol agent does not mean that they're not there and i know i did an interview a couple months ago where i talked to an authority about this predator, unmanned aerial system, and that apparently
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is covering the entire southwest border and providing some coverage with that. do you think that that is working, is that possibly what would be used here? >> well, it could have been used here. it could have been static surveillance, surveillance sites on our side of the border that picked up on this activity. but you know, my sources with ncbp tell me that the predator technology, as awesome as it is, they need far more analysts to sit down and watch the screens and to review the intelligence, the massive amounts of data streaming in so that they can dispatch the helicopters and the other border patrol agents to successfully interdict this activity. heather: i'm sorry, i have to wrap you up there. i did want to ask you about this, back in may, ma tenth, the president said how about a mote, i think they need a
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mote. >> it's interesting you say that. a mote might work, but i can tell you, about three or four-months ago, you were showing video of a catapult that traffickers were using to sling 60,000 pounds of -- >> heather: i'm sorry, i have to break this up, we have to take you to the anthony trial. bill: we could build a mote around our building. in a moment here, we saw videotape of george and cindy anthony leaving the courthouse and you can hear in the background what appears to be supporters of this couple. roll this and we'll listen together: >> george! george! >> bill: that was the end of that. the state argued today that the lives of caylee anthony sent that county and sheriff's investigators on a wild goose chase that started in july of that summer and concluded in
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december, july, august, september, october, november, finally the body, the remains, found in december, and the judge did not take kindly to that, four distinct separate lies, he ruled, casey anthony is headed back to jail and that's the camera you see in our picture now. we await her arrival. we're back in three minutes ncre in "america's [ ma annou newsroom".
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bill: 2012, where do we stand today? we're seeing signs that president obama is in a dead heat with any republican candidate. rasmussen reports the following: president obama now tied with a generic republican candidate, that means you can till in any name there -- fill in any name, 44 to 44 percent. alan coomes and tucker karlson, how you doing, guys? good to see both of you this morning. tucker, what do you think, do i fill in the blank at this point? what does that say when you're tied at 44-44 without
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an opponent by name? >> it says what we already know, which is in a president's reelection campaign, it's a referendum on him and how he's done and this president has been a failure on the one question that matters to voters most which is the economy, the stimulus didn't work. it's that simple. look the a the right track-wrong track numbers, which i think is the key poll, in any race, more than 60 percent of americans say the country is on the wrong track. you could run, you know, a cocker span yell and do pretty well -- span yell against -- spaniel against the president with those numbers. >> bill: i the -- by the name of al aan coomes. >> the cbo and other people say the stimulus did work. republicans are great as long as they don't name somebody so they should have a faceless, nameless person. once they actually name northbound, the cbs-"new york times" poll shows nobody is polling among republicans better than 7 percent, they're disples \dollars/{^ed} -- displeased with their own candidates, romney and bachmann at
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7 percent. they can't find a candidate, so -- >> bill: that point has nothing to do with individuals. his point is about the record and the policy. >> the polices are -- i think the polices and the records are a lot better than he's acknowledging. to take the nameless, faceless people and say a generic ties with the president is really to ignore what is likely to happen. bill: and tucker, mitt romney is the frontrunner, considered largely that way because he's raising a lot of money. how does he stack up against president obama if indeed he gets the nomination? >> let me say, part of what alan said is true, part of it is ludicrous, that it worked. the point is primary voters clearly have not made up their mind about this field and clearly there is some satisfaction and romney's numbers, 18 millionish is stronger than anyone in the field but it's not ago strong as when he premiere \dollars/{^ed} last tile and ran for president so it's
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not as high as he hoped it would be. clearly once the field shakes out and republicans settle on a candidate, there's intense dissatisfaction with the president and the polices, the candidate will have enough money but at this point these numbers are not that impressive. >> nobody is paying attention, you knowo. >> bill: it's the summer and i know you believe polls don't mean much now. >> right. bill: but when you look at the economy and see how we're bumping along now, you can tell that during that twitter town hall yesterday, i mean, just about every question came in about jobs and the economy. >> it's got to be better. the president has -- this is a tough case to make that stings would have been worse out the estimate lurks a bigger stimulus would have been better. here's what i like about mitt romney. if you don't like what he says, wait a day and you'll find yourself agreeing with him. >> bill: thank you alan, thank you tucker, we'll talk to you both again. heather. heather: we're not done yet, coming up next, alisyn camarota is standing by to tell us what is happening
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now. alisyn: i am alisyn in for jenna lee today. we're going to have more reaction to the kassy anthony sentencing. she is headed back to jail but for how long. >> it was a horrible bear attack in yellowstone, a man mauled to death by a grizzly. is this a growing menace? >> in a few moments president obama meets top comal leaders trying to come up with a deal on the debt crisis. you can weigh in on that, go to foxnews.com/happening now, click on the america's asking tab and chat live right now and jon and i will see you in 11 minutes. heather: we will tune in. thank you very much, alisyn. whitey bulger faces a judge and enters a plea to 19 murder charges. a glimpse of how the macive case against the gangster might unfold.
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heather: whitey bulger pleading not guilty in a federal court yesterday, he spent 16 years on the run until the feds caught up with him, that was last month in santa monica, california. family members of the mob member's alleged victims say they hope justice will be served. >> if you want to to look up to this man, you should have your head examined. he was not a nice man, this man choked and cut up women so they couldn't identify their bodies, they did murders in broad daylight. my father was killed 150 yards from here in broad daylight, my brother michael was supposed to be in that
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car, so i wouldn't be here for my father, i'd be here for my brother. >> bulger is 81 years old. if convicted he could spend the rest of his life in prison. bill: first they had dust and now lightning, a spectacular lightning storm lighting up the sky in phoenix. look at that ripple. folks there catching quite a show after an historic dust cloud rolled through the city, meteorologists say the dust storms mark the start of the monsoon season. phoenix is dousing off after that crazy storm. dust 2 miles wide, 50 miles high, washing over the entire city this week. visibility of zero, and at the airport in phoenix, there was a massive cleanup underway. >> water trucks, making the rounds today at sky harbor airport, followed closely behind by street sweeper, the big job of cleaning up after the massive dust storm blanketed the valley leaving a layer of dust on every
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surface at the airport. >> it's about pressure washing and cleaning up dirt today. >> deputy aviation director becky galen has lived in the valley since 1973 and couldn't believe the size of the dust ball as it bore down on the valley. >> i've never seen one quite like we had last night. it's a mess. >> a fox ten crew was inside the airport last night at the height of the storm, the fire alarm activated, thinking dust was actually smoke and that caused things to go from bad to worse. >> the doors downstairs actually opened which allowed a huge wall of dust to come inside the facet. >> they will definitely be need to be replaced, they are caked in a thick layer of dust. the job will take time. >> it will go on for probably several days when you talk about nooks and crannies around the facility. every surface, essentially, needs to be swept up and cleaned up. >> bill: what a mess that is, mark march martinez, ksaz on
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that. but the car wash is crazy busy. we have a lot of breaking news, awaiting casey anthony's arrival at the jailhouse there. we will take you there live when it happens. right here.
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health fire works give way to a bizarre attack on police in peoria, illinois. listen: >> you can see fire works near a fire truck as police and firefighters try put out some of the flames in a trash bin, but instead, they came under attack, fired on with fire works and pelted with rocks and bottles. several officers and firefighters were, in fact, burned, no one has been arrested. bill: it's not a cool way to recognize the fourth. heather: not at all. bill: not something we want. great to be with you, see you tomorrow, right? same time? >> heather: same time, same place.